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HomeMy WebLinkAbout1969-07-08133 Regular Meeting of t'he .' , Euless City Council July 8, 1969 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8; 10 P. M., i n the Council Chambers of Euless City Hall, 'by Mayor A. C. Krause. Members present are listed, as follows: Councilmen Frank Douglass, Dan Shull, Harold Copher, Don R. Warren and Hwayne Wi Icox. Also present were City Manager C. J. Griggs, City Attorney James Cribbs and City Secretary Vada Ferris. I NVOCAT I ON Frank Douglass. VISITORS The Invocation was presented by Councilman Visitors in attendance are listed, as follows: Messrs. Gene Welch, Walter "Dub" E I I i o t t , J i m Lucas, B i I I Souder, Bill Pannell, Blease Tibbets, Hugh Waite, Mike Allen, Victor Bufo, Jeff Jeffus, Everett Bauer, Ivan Gregory and Frank J. Medanich; Mesdms. David Martin and Betty Potthoff, representing Mid - Cities Daily News. APPROVAL OF MINUTES Minutes of the regular meeting dated June 24, 1969, were' approved with! one correction, as follows: (ITEM X, Page 9; paragraph 8) "Mr. Browne stated that other cities have heard about the tax- increase and now Grapevine w i I I probably raise his school taxes." FIRST READING OF AN ORDINANCE REZONING A PORTION CF BLOCK A,' SHEPPARD ADDITION FROM. "R -1" SINGLE FAMILY DWELLING DISTRICT TO "R -3" MULTI:-FAMILY DWELLING .DISTRICT', REQUEST CF MESSRS' LEO CORRIGAN AND @DWIN B. JORDAN (ZONING CASE NO.' 191 Mayor Krause stated that Zoning Case 191, the request of Messrs. Corrigan and Jordan for rezoning Lots 7, 9, 11, 12, 13, 134 (Page Two, Regular Meeting of the Euless City Council, July 8, 1969) 14, 15, 16, 17, 18 and 19, Block A, Sheppard Addition, from "R -1" Single Family � Dwelling District to "R -3" Multi - Family Dwelling District, was open for discussion, Councilman Douglass inquired of the Planning and Zoning Commission's action on this case. Mayor Krause stated that the Planning and Zoning Commission had approved the rezoning request, exclusive of Lots 7 and 9. In answer to a question, Mayor Krause stated that the Sheppard Drive Baptist Church opposed the zoning request. (Councilman Warren arrived at 8:15 P. M.) Councilman Douglass inquired of M'r. Gene Welch, representing Messrs. Corrigan and Jordan, if this rezoning has been dis- cussed with representatives of the church. Mr. Welch stated that attempts have been made to purchase the church property; however, negotiations had failed because of the value placed on the church property. Mr. Welch stated that, in his opinion, the representatives of the church were'not opposed to fhe apartments, but were concerned of problems which might result. I Counc i $man _ Cophe r inquired. concerning other lots in the block, and Mr. Welch stated that the City owns most of the property on the East side of Sheppard Drive and that the remaining lots were not available for purchase at this time -- that the persons owning these lots do not oppose the zoning but are not desirous of selling their homes at the present time. Councilman Wilcox made the motion that the zoning application submitted by Messrs. Corrigan and Jordan for-.rezoning Lots 7, 9, 110 12, 13, 14, 15, 16, 17; 18 and 19, Block A, Sheppard Addition, be approved as submitted. Councilman Shull seconded the motion, and the vote is as follows: Ayes: Councilmen Shull and Wilcox Nays: Councilmen Douglass, Copher and Warren Mayor Rrause declared the motion failed. Councilman Warren inquired of the density and was advised by the City Manager that the density is twenty -four to twenty - six units per acre. 13# (Page Three, Regular Meeting of the Euless City Council, July 8, 1969) Councilman Copher made the motion to concur with the Planning and Zoning Commission and approve the rezoning of Lots 11 through 19, Block A, Sheppard Addition (denying the rezoning of Lots 7 and 9) Councilman Shull asked why Lots 7 and 9 should be excluded. He stated that, in his opinion, this is spot zoning. Councilman Douglass stated that it would be spot zoning if Lots 7 and 9 were rezoned and a I I other lots were omitted. Councilman Warren commented that he i s very concerned about the density, and was advised by Mr. Welch that the density i s approximately twenty -six units per acre. Councilman Wilcox seconded the motion made by Councilman Copher, and the vote is as follows: Ayes: Councilmen Douglass, Copher and Wilcox Nays: Councilmen Shu11 -and Warren Mayor Krause declared the motion, carried and Lots 11 through 19, Block A, Sheppard Addition rezoned as per request. CONSIDERATION OF ZONING CASE NO, 190, REQUEST OF MR, ROBERT H. POWER FCR REZONING 82 ACRES LOCATED ON EAST SIDE CF NORTH MAIN STREET AT MIDWAY DRIVE Mayor Krause recognized Mr. Mike Allen, representing Ken Good and Associates of Dallas. Mr. Allen-stated that Ken Good and Associates request that this item remain tabled to allow sufficiermt time for preparing .a plan in accordance with recommendations submitted by Mr. Robett Galdwell, City Land Planner. (This item was submitted previously to Mr. Caldwell for his consideration.) (Letter of Mr. Caldwell's recommendations on f i l e as Council Exhibit.) Councilman Copher stated that'he is of the opinion the plan prepared by Ken Good and Associates for the rezoning of this property should be submitted to the Planning and Zoning Commission, in order to comply with the Zoning Ordinance. Mayor Krause recognized Mr. Hugh Waite, who stated that there are several citizens present who reside in the sub- division adjacent to the property in this zoning case and they are desirous of knowing exactly what is planned for the area. 136 (Page Four, Regular Meeting of the Euless City Council, July 8, 1969) The City Attorney advised that a Planned Development''for the entire eighty acres has been recommended by Mr. Caldwell -- that, at this time; the City does'not know what the Planned Development will be, nor'will they know until the entire plan is developed by Ken Good and'Associates and presented to the City. It was pointed out that a Planned Development can consist of several types of dwellings, including single family homes. A petition from persons in opposition to the rezoning was presented to the Council, and Mayor Krause advised the City Secretary to note in the minutes that ninety -five (95) names were on the petition accepted by the Mayor.' Councilman Douglass made the motion to concur with the request of Ken Good and Associates and table Zoning Case No. 190, with the requirement that the Planned Development be presented to the Planning and Zoning Commission. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: Noae Mayor Krause declared the motion 'carried. Mayor Krause instructed the City Secretary to return the petition to Mr. Jeffus. Mr': Jeffus inquired as to the buffer zone between the residences in his subdivision and the project planned in Zoning Case No. 190, Mayor Krause recognized Mr. Councilman Shull stated that he does f not object to the petition; however, he 'is of the opinion that any petition presented to the City should be filed in accordance with the Charter provisions that he is of the opinion, this petition should be returned to the people and, if they wish to present it at a later date, it should be presented as specified in the Charter -- filed with the City— See'retary and a I I names checked-to determine if the signers are qualified voters. • J Mayor Krause instructed the City Secretary to return the petition to Mr. Jeffus. Mr': Jeffus inquired as to the buffer zone between the residences in his subdivision and the project planned in Zoning Case No. 190, Mayor Krause recognized Mr. Victor Bufo, 208 Primrose Hill, who statdd that the petitioners did not know there was a procedure for presenting a petition -- that they merely wanted to register their opposition to the rezoning. Mayor Krause recognized Mr. Jeff - Jeffus, who stated that he circulated the petition and,-if it has not been presented in accordance with the Charter provisions, he requests that the petition be returned. Mayor Krause instructed the City Secretary to return the petition to Mr. Jeffus. Mr': Jeffus inquired as to the buffer zone between the residences in his subdivision and the project planned in Zoning Case No. 190, i (Page Five, Regular Meeting of the Euless City Council, July 8, 1969) The City Attorney advised that, at this time, the C i t y does not have the p l a n s ; however, an adequate buffer zone w i l l be a part of the plans. In answer to a question by Mr. Hugh Waite, the C i t y Attorney stated there w i l l be no further public hearings in Zoning Case No. 190.. Mr. Waite stated that citizens of the area are concerned that they would be unaware when the case is again before the City Council. Mayor Krause atated that, very soon, a newsletter w i I I be included i n the bank statements from two loca'I banks -- that the newsletter wi I I have various City Hall information and the items for discussion w i l l be noted in the newsletter. However, the City Secretary was i nstru.cted to notify , Mr. Jeffus,- 211 .Primrose Hill , when Zoning Case No. 190 wi,l] a.gai.n; be p.resented to the Planning and Zoning Commission. IV. APPEAL.FDR PLAT APPROVAL CF TRACTS 1 AND 2, BAUER ADDITION., LOCATED APPROXIMATELY 600 FEET VEST CF WILSH.IRE DRIVE AT DEBRA DRIVE AND STATE HIGHWAY 1.83, MR. EVERETT BAUER Mayor Krause "recognized Mr. Walter Elliott', who informed the Council he is representing Mr. Everett Bauer in his request; for Plat Approval of. Tracts 1. and 2, located at Highway 183, approxi- mately six' hundred (600) feet West of Wilshire Drive at Debra Drive. Mr. Elliott introduce Mr. Bill Pannell, who represents another Owner of the tracts. Mr. E I I i ott stated that, the owners of the property are requesting the extension of Debra Drive (to Highway No. 183) which would provide another route to Oakwood Terrace North. (Previously discussed by Council, March 25`, 1969.) Mr. E I I i ott stated that the State Highway Department has not objected to an additional opening onto Highway No. 183 -- that this inlet to the Subdivision will provide additional police and fire protection and sti:hl be a dedicated street, having met a I I City standards. 138 (Page Six, Regular Meeting of theFOuless City Council, July 8' 19b2) It was pointed out that the Planning and Zoning Commission recommended approval of this plat. In answer to a question by Councilman Copher; Mr. E I I i ott advised that three hundred (300) feet of the property is zoned commercial. Mr. Bauer informed the Council that there are no plans at this time for development; the owners. want to be prepared for future development. (Councilman Warren left the Council Chambers in response to a telephone call at 9: 10 P. M.) Mayor Krause recognized Mrs. 'David Martin; who resides i'n the W-ils'hire Subdivision, who stated that there is con- cern for the safety of those residing in the area because the 'opening; of another street will wreate more traffic into the subdivision - that the 'street' is very narrow. Mr. Elliott stated that he has sympathy for Mrs. Martin - and that a thirty (30) foot street' is too narroWJor two (2) cars. Councilman Shull inqui red' i'f Debra Drive could be wider at Highway No. • 183 and.was informed by Mr:. Ell -iott that the street. could be flanged - and, also, the Police Departmehe could erect "Nii Parking" signs on Debra in an effort to control the traffic. (Councilman Warren returned to the Council room at 9:20 P. M.) It was pointed out that drainage in the area was a ' f a c t o r previously discussed, and t h a t M r . B i l l Ratliff, the City's Consulting Engineer, is on vacation and has not had an opportunity to study the plans submitted. Councilman Copher made t'he motion'that this item be tabled pending review of the plans by Mr. Ratliff and presentation of his comments. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: '-Councilmen Copher -, Wilcox, Warren, Shull and Douglass Nays: None Mayor Krause declared the motion carried. (Page Seven, Regular Meeting of the Euless City Council, July 8, 1969) V. RESOLUTION NO. 240, SETTING PUBLIC HEARING DATE FCR ZONING CASE NO. 192; REQUEST CF MR, GEORGE L. GORDON 139 Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. V1. COUNCIL AUTHORIZATION TO ISSUE REQUEST'FCR TENDERS -- WATER AND SEWER REVENUE BONDS .City Attorney Cribbs informed the Council that he and City Manager Griggs are requesting Council authorization to issue a call for tenders to the holders of City of Euless Water Works and Sewer System Revenue Bonds Series 1965 and City of Euless Water Works.and Sewer System Revenue Refunding Bonds Series 1967.. He stated that the City of Euless has on d e p o s i t - i n a ' New York Bank, Government Bonds t o t a l i n g in excess of $1,800,000.00, and these funds w i l l be used to purchase the Bonds, if the Council approves the .call for tenders. Mr. Cribbs explained that the City w i l l reserve the r i g h t t o reject any and a l l offers of Tenders, and the City Council w i l l approve the Tenders before purchase. Councilman Douglass made a motion to concur with the recommendation of the City Attorney to issue a Call for Tenders on the 1965 and 1967 Water and Sewer Revenue Bonds. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Warren, Shull, Copher and Wilcox Nays: None Mayor Krause declared the motion carried, Councilman Douglass made a motion to approve Resolution No. 240, setting August 12, 1969, as the date for Public Hearing on Zoning Case No. 192, a request submitted by Mr. George L. Gordon for rezoning 1.49 acres in the J.. P. Halford Survey from "C -1" Nei,ghborhood Business District to "C -2" Community Business District. Councilman Copher seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Copher, Shull, Wilcox and Warren Nays: None Mayor Krause declared the motion carried. V1. COUNCIL AUTHORIZATION TO ISSUE REQUEST'FCR TENDERS -- WATER AND SEWER REVENUE BONDS .City Attorney Cribbs informed the Council that he and City Manager Griggs are requesting Council authorization to issue a call for tenders to the holders of City of Euless Water Works and Sewer System Revenue Bonds Series 1965 and City of Euless Water Works.and Sewer System Revenue Refunding Bonds Series 1967.. He stated that the City of Euless has on d e p o s i t - i n a ' New York Bank, Government Bonds t o t a l i n g in excess of $1,800,000.00, and these funds w i l l be used to purchase the Bonds, if the Council approves the .call for tenders. Mr. Cribbs explained that the City w i l l reserve the r i g h t t o reject any and a l l offers of Tenders, and the City Council w i l l approve the Tenders before purchase. Councilman Douglass made a motion to concur with the recommendation of the City Attorney to issue a Call for Tenders on the 1965 and 1967 Water and Sewer Revenue Bonds. Councilman Warren seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Warren, Shull, Copher and Wilcox Nays: None Mayor Krause declared the motion carried, 140 (Page Eight, Regular Meetina'of the Euless'City Council. juiy 8 VII. FIRST AND FINAL READING CF ORDINANCE 355, FCR ONE -WAY STREETS ADJACENT TO HIGHWAY 183 IN THE VICINITY CF MAIN STREET City Attorney James Cribbs presented an ordinance for one -way service streets adjacent to Highway 183• i n the vicinity of Main Street, stating that the ordinance is complete, with exception of the exact distances from Main Street to- the East and West -_• that the Highway Department is to furnish the stations which will define the exact distance of the one -way streets. Councilman Wilcox made the motion to table this ordinance until the City Attorney has finalized: the ordinance with the station numbers. The City Attorney stated that he requests the Council's approval of this ordinance subject to his securing the station numbers, due to the fact that the Highway Department wi I I not begin the work on the actuated signal until the service roads are .definitely des.i.gnated as one -way streets by ordinance. Councilman Wilcox withdrew his motion. 'Councilman Wilcox made the rbotion to waive the rule requiring the reading of to ordinance on two separate occasions and approve Ordinance No. 355 on First and Final Reading, desig- nating one -way service streets adjacent to Highway 183 in the vicinity of Main Street, subject to the City Attorney's inserting in the ordinance the station numbers furnished by the -Texas Highway Department. Councilman Copher seconded the motion, and the vote i s as follows: Ayes: Councilmen Wilcox, Copher, Douglass, Shull and Warren Nays -: None Mayor Krause declared the motion carried. VIII. REDOLUTION NO. 241 FCR OPPOSITION TO ANY LIMITATION ON TAX EXEMPT STATUS FOR INTEREST PAID ON MUNICIPAL BONDS City Manager Griggs informed the Council that Municipal Bond tax exemption i s under a most serious threat and that 141 (Page Nine -, Regular Meeting of the Euless City Council, July 8, 1969) . - removal of the tax exemption could result in top rated bond interest rates close to the 8fl prime bank rate now paid by private corporations. Mr. Griggs stated that an attempt is being made in Congress to eliminate the exemption. It was pointed out that this resolution is a suggested form from the Texas Municipal League, and one recently adopted by several neighboring cities., Councilman Douglass made the motion to approve Resolution No. 241, as presented by the City Manager. Councilman Wilcox seconded the motion, and the vote is as follows: Ayes: Councilmen Douglass, Wilcox, Copher, Shull and Warren Nays: None Mbyor Krause �dec'lared the motion carried: IX. AGREEMENT WITH TRINITY RIVER AUTHORITY FCR PARTICIPATION IN NEW SEWAGE FACILITY ON BEAR CREEK (ORDINANCE N0, 356 AND N0, 357) City Attorney James Cribbs presented an agreement for participation in the new sewage facility on Bear Creek, which will give the City of Euless usage of twenty percent (20°1) of capacity in the interceptor line. He stated that Irving and Grand Prairie will have first call on the.capacity of the treatment plant, until such time as the Trinity River Authority has to expand in order to provide For the new airport; Ordinance No. 356 Ordinance No. 356 authorizes a contract between the-City of Euless and Trinity River Authority for the purpose of extending the sanitary sewer outfall line in the corridor north of Big Bear Creek, Little Bear Creek to North Main Street and the providing of sewage disposal services. Councilman:Wilcox made the motion to waive the rule requiring the reading of an ordinance on two separate occasions and approve Ordina'nce No. 356, on f i r s t and f i n a l reading. Councilman Shull seconded'the motion, and the vote is.as follows: Ayes: Councilmen Wilcox, Shull, Douglass, Warren and Copher Nays; None Mayor Krause declared the motion carried. 142' (Page Ten. Regular Meeting of the Euless City Council, July 8. 1969) Ordinance No. 357 Ordinance No. 357 atithorizes a contract between the City of Euless and Trinity River Authority, Agthorizing Trinity River Authority to acquire- facilities to provide sewage disposal service to the City of Euless; granting the Authority the right to use City's existing sewage . treatment and disposal facilities in a manner and to the extent that such use will not conflict with any covenant contained in any ordinance authorizing outstanding waterworks and sewer system revenue bonds of, the City, and, in consideration of these. rights granted by the City, the Authority w i l l pay $300,000.00 to the City as set forth in the ordinance. Councilman Wilcox made the motion to waive the. -rule requiring the reading of an ordinance on two separate occasions and approve Ordinance No. 357, on first and final reading. Councilman Shull seconded the motion, and the vote i s as follows: Ayes: Councilmen Wilcox, Shull, Douglass, Warren and Copher Nays: None Mayor Krause declared the motion carried. MR, GREGORY - LETTER OF COMPLAINT Mayor Krause recognized Mr. Ivan Gregory, who stated that at the last Council meeting he was advised to present, in' writing, to the City Council, any evidence of mis -use of City property. Mr. Gregory stated that he had very carefully checked into a situation involving City employees and presented a letter which he eaid would outline his charges. The letter was accepted by the Mayor and submitted to the City Attorney. Mt. Gregory stated that he strongly urged all Members of the City Council to check into this matter very carefully:- - that he i s of ,the,op.i.nion the City Council should not expect the citizens of Euless to support their tax programs when such conditions exist. . City Attorney James Cribbs informed Mr. Gregory that he would furnish each Member of the Council a -copy of this letter and would personally interrogate the persons involved. (Page Eleven, Regular Meeting of the Euless City Council, July 8, 1969) X1. OFFICIAL APPOI NTNENF OF CITY SECRETARY Councilman Dooglass welcomed Mrs. Vada Ferris Gobin back to the Council and moved that she be off iciAlly_appo.inted City Secretary for the City of Euless. Councilman Shull seconded the motion, and the vote is as fallows: Ayes: Councilmen Douglass, Shull, Copher, Warren and Wilcox Nays: None Mayor Krause declared the motion carried. XI I, DISCUSSION CF PURCHASE OF RECORDING SYSTEM FOR COUNCIL ROOM Councilman Shull asked the City Manager what progress had been made in securing a tape recording system for the Council Chambers. The City Manager advised that Chief Sustaire is investigating the possib,i 1 ity of the use of federal funds for purchasing a recording system, which w i I I cost approximately $1,800.00. Mayor Krause asked if there would be difficulty in getting these funds, as sometimes there is a great deal of delay i n securing funds from the federal government. The City Manager stated that he ,is of the opinion that there will not be too much involved in this program. Mayor Krause stated that he does not want t o use'federal funds if there w i l l be strings attached. Councilman Shull inquired of the City Manager how soon he expects to have this equipment in operation, and:was informed that, hopefully, by the end of July. GENERAL DISCUSSION XII1. Turn Signals at Highway No. 183 and 157 Councilman Copher stated that he has had U3 ME (Page Twelve, RequIar Meeting of the Euh�ss'CIty Council, JuIy.8. 1969) , several inquiries concerning the possibility of turn signals being installed on the traffic installation at Highway 183 and 157. City Manager Griggs stated that the State Highway Department is making a survey and it seems turn signals will be warranted. ' Water Situation Councilman Shull asked the City Manager if all of the City water wells were in operation. The City Manager advised that, as of 5:00 P. I /I., this date, all wells were pumping water. ANNOUNCEMENT OF COUNCIL OF GOVERNMENTS MEETING that the City of Hurst will ho at the Hurst City Ha -11 on July an invitation to area Councils stated that the City Secrebary attend, in order that luncheon XIV. City Manager Griggs informed the Council st a Council of Governments business meeting 23, 1969, at 10;00 A. M., and has extended to the meeting and a luncheon. Mr. Griggs should be advised of members who plan to reservations may be made. XV . DISCUSSION OF SIGNALIZATION AT DRIFTW000 AND- PIPELINE ROAD' Mayor Krause recognized Mr, Don Lincoln, who inquired concerning the status of installation of a traffic signal at Driftwood and Pi'pel ine Road (entrance to Morrisdale Subdi vi s i ors) The City Manager stated that the City of Bedford is most-anxious to have a traffic light at Wade Drive and Pipeline Road, and the two Cities will work jointly on securing traffic signals for these two locations. (Page Thirteen, Regular Meeting of the Euless City Council, July 8, 1969) WA ADJOURNMENT The meeting adjourned at 10;05 P. M. APPROVED: ATTEST: Mayor City Secretary 145 �' •J